Bayless v. Dieckhaus

Green, J.:

Ronald F. Bayless, Jr., appeals from a dismissal granted in favor of Brittany Dieckhaus. On appeal, Bayless argues that the statute of limitations was tolled under K.S.A. 60-517. We disagree with Bayless’ argument. The statute of limitations was not tolled under K.S.A. 60-517 because: (1) Bayless, exercising due diligence, should have been able to locate Dieckhaus and (2) Bay-less could have effected service of process on Dieckhaus within the statute of limitations period. Because this action was commenced outside tire statute of limitations period, the trial court properly…